Airport Chief Scoffs At Ryan`s Suit

October 16, 1990|By William Presecky.

The acting chairman of the Du Page Airport Authority on Monday characterized as both ``frivolous`` and ``political`` a lawsuit challenging the legality of West Chicago`s annexation of airport property.

The lawsuit asks a Du Page County Circuit Court judge to determine the legality of a recently approved agreement between the airport authority and West Chicago to annex an additional 1,700 acres of airport land. The suit was filed last week by Du Page County State`s Atty. James Ryan, the GOP candidate for Illinois attorney general.

The lawsuit questions West Chicago`s annexation of the property and the city`s relinquishing virtually all of its zoning control over the airport property. The airport authority is moving ahead with plans to build a golf course and $132 million in commercial development to underwrite operating expenses, which the airport agency says would eliminate the need for a countywide property tax.

West Chicago ``isn`t annexing the airport authority. It`s annexing the land,`` said Fawell.

``I think it`s a political maneuver,`` he said of the suit.

``Over the years we`ve been sued . . . and reviewed by everybody and everything,`` said Fawell. ``It`s like gardening with mosquitoes. You still garden, and you still have the same results. It`s just not as comfortable if they weren`t there.``

Both Michael Donohue and Aldo Botti, the Democratic and Republican candidates for County Board chairman, respectively, have been critical of the airport authority`s sweeping development plans beyond building two new runways. As County Board chairman, either Botti or Donohue would be responsible for making appointments to the 10-member airport board.

Early in his campaign, Botti had called for the resignation of the entire airport board. Donohue said he would press to get the airport off the tax rolls by 1993.

The lawsuit by Ryan was triggered by several County Board members who questioned whether the airport board could have carte blanche authority to zone its own, non-aviation development. Also of concern to some board members is the authority`s use of a countywide property tax to promote development for West Chicago`s benefit.

West Chicago Mayor Paul Netzel said last week he was confident that the city`s annexation of the airport land would prevail as approved based on the extensive legal review that the annexation agreement had undergone before its adoption on Sept. 17. About 700 acres of airport property was already in the city limits of West Chicago before the annexation agreement. About 200 acres of what eventually will be a complex of about 2,600 acres will remain unincorporated.

The lawsuit is the second in recent weeks to be filed by Ryan`s office against the airport authority. Ryan also filed suit last month challenging whether the airport authority was subject to county zoning laws.

Neil Hartigan, the Democratic candidate for governor, joined the attack on the airport authority when he said at a mid-September campaign stop in Naperville that he supported a comprehensive state audit of the authority.

Hartigan was invited into the fray by a Du Page taxpayers` group that charged the appointed airport board may have overstepped its statutory authority when it extended its tax-supported expansion plans beyond aviation uses.